FRANCIS EDOBOR V. NOSAKHARE OLOTU & ANOR.

OYEBISI FOLAYEMI OMOLEYE, J.C.A., (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Edo State sitting in Benin City in Suit Nos. B/18/92 and B/175/92 delivered on 11th July, 2001 dismissing the claims of the plaintiff who is the Appellant in this appeal.

The brief facts of this matter according to the Appellant are that, in 1975, the Appellant bought the portion of the land, the subject-matter of this appeal, from the children, the administrators of the estate of late Jackson Uyigue. He had been farming on the land until sometime in 1992 when he discovered that the 1st Respondent was building a structure on the land. When confronted, the 1st Respondent told him that he, that is, the 1st Respondent had been issued a certificate of occupancy in respect of the land. The Appellant filed the action, the subject-matter of this appeal for a declaration of title to the land. On the other hand, the 1st Respondent laid claim to the ownership of the …